CCE v. Mysore Electricals Industries Ltd.

CIPLA LTD,MUMBAI vs. DCIT CC-1(2), MUMBAI

In the result the appeal filed by the assessee is partly allowed

Bench: Shri S Rifaur Rahman & Shri Pavan Kumar Gadalecipla Ltd., Vs. Dcit Cc-1(12) Cipla House, Peninsula 9Th Floor, Old Cgo Business Park, Gk Bldg, Mk Road, Mark, Lower Parel, Mumbai – 400020. Mumbai – 400 013 Pan/Gir No. : Aaacc1450B Appellant .. Respondent Appellant By : Shri. J.D. Mistry. Ar Respondent By : Shri. V. Sreekar. Dr Shri. Sanjay Sethi. Dr Date Of Hearing 25.06.2021 Date Of Pronouncement 20.09.2021 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals) -47, Mumbai, Order Passed U/S 148 R.W.S 147 & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal.

…tates that the benefit of the said policy is prospective, still can the courts place a construction on such instruction so as to make it retrospective. In this context, the apex court in the case of CCE v. Mysore Electricals Industries Ltd. reported in [2006] 204 ELT 517 (SC) : [2007] 8 RC 1, dealing with the question how a beneficial circular is to be construed, has approached this question in the following manner. At paragraph 13 of the judgment, it is stated that the learned counsel further submitted that the circular being oppressive and against the respondent, has to apply only prospectively and cannot be ap…

ARISTO PHARMACEUTICALS PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX - CIRCLE 2(1)(1), MUMBAI

The appeal of the revenue stand dismissed whereas the appeal of the assessee stands allowed in terms of our above order

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

…tates that the benefit of the said policy is prospective, still can the courts place a construction on such instruction so as to make it retrospective. In this context, the Apex Court in the case of CCE v. Mysore Electricals Industries Ltd. reported in [2006] 204 ELT 517 (SC) : [2007] 8 RC 1, dealing with the question how a beneficial circular is to be construed, has approached this question in the following manner. At paragraph 13 of the judgment, it is stated that the learned counsel further submitted that the circular being oppressive and against the respondent, has to apply only prospectively and cannot be ap…

DCIT 9(3)(2), MUMBAI vs. FUTURA VALUE RETAIL LTD, MUMBAI

In the result, the appeal of the Revenue in ITA no

Bench: Shri C.N Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.6705/Mum/2016 (नििाारण वर्ा / Assessment Year: 2012-13) बिाम/ Acit-9(3)(2), M/S. Future Value 418, 4Th Floor, Retail Ltd., Aayakar Bhavan, Knowledge House, V. Mumbai-400020 Shyam Nagar, Off Jogeshwari Vikhroli Link Road, Jogeshwari (E), Mumbai-400060 स्थायी ऱेखा सं./ Pan: Aaecp3041P (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri. Sushil Kumar Poddar (Dr) Assessee By: Ms. Dinkle Hariya सुनवाई की तारीख /Date Of Hearing : 12.06.2019 घोषणा की तारीख /Date Of Pronouncement : 04.07.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Revenue, Being Ita No. 6705/Mum/2016, Is Directed Against Appellate Order Dated 23.08.2016, Passed By Learned Commissioner Of Income Tax (Appeals)-16,Mumbai (Hereinafter Called “The Cit(A)”) In Ita No. Cit(A)/ I.T.305/Dcit-9(3)(2)/2015-16, For Assessment Year 2012-13, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Assessment Order Dated 29.03.2015 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2012-13. I.T.A. No.6705/Mum/2016

…he said policy 28 | P a g e I.T.A. No.6705/Mum/2016 is prospective, still can the Courts place a construction on such instruction so as to make it retrospective. In this context, the Apex Court in the case of CCE v. Mysore Electrical Industries Ltd., [2006] 204 ELT 517 (SC) dealing with the question how a beneficial circular is to be construed, has approached this question in the following manner. At paragraph 13 of the judgment, it is stated that the learned Counsel further submitted that the circular being oppressive and against the respondent, has to apply only prospectively and cannot be applied retrospecti…

ARISTO PHARMACEUTICALS P. LTD,MUMBAI vs. DCIT CIRCLE 2(1)(1), MUMBAI

In the result, appeal filed by the assessee is allowed and appeal filed by

Bench: Shri Mahavir Singh() & Shri G Manjunatha () Aristo Pharmaceuticals P Ltd Vs Acit, Range-2(1)(1), Mumbai 3Rd Mercantile Chambers, Floor, 12, J.N. Heredia Marg Ballard Estate, Mumbai 400 001 Pan : Aaaca4495N Appellant Respondednt Dcit, Circle-2(1)(1), Mumbai Vs Aristo Pharmaceuticals P Ltd Mercantile Chambers, 3Rd Floor, 12, J.N. Heredia Marg Ballard Estate, Mumbai 400 001 Appellant Respondednt

…tates that the benefit of the said policy is prospective, still can the courts place a construction on such instruction so as to make it retrospective. In this context, the apex court in the case of CCE v. Mysore Electricals Industries Ltd. reported in [2006] 204 ELT 517 (SC) : [2007] 8 RC 1, dealing with the question how a beneficial circular is to be construed, has approached this question in the following manner. At paragraph 13 of the judgment, it is stated that the learned counsel further submitted that the circular being oppressive and against the respondent, has to apply only prospectively and cannot be ap…

DCIT 2(1)(1), MUMBAI vs. ARISTO PHARMACEUTICALS P.LTD, MUMBAI

Bench: Shri G.S.Pannu, Am & Shri Ravish Sood, Jm Ita No.5553/Mum/2014 M/S Aristo Pharmaceuticals Pvt. Ltd. Asst.Cit-2(1) 5Th Floor, Aayakar Bhavan, Mercantile Chambers, बिधम/ Mumbai- 400020 3Rd Floor, 12, J.N. Heredia Marg, Vs. Ballard Estate, Mumbai-400 001. स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aaaca4495N (अऩीराथी /Appellant) (प्रत्मथी / Respondent) : Ita No.5167/Mum/2015 Dcit-2(1)(1), M/S Aristo Pharmaceuticals Pvt. Ltd. Room No. 561, Mercantile Chambers, बिधम/ 5Th Floor, Aayakar Bhavan, 3Rd Floor, 12, J.N. Heredia Marg, M.K. Road, Vs. Ballard Estate, Mumbai- 400020 Mumbai-400 001 स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aaaca4495N (अऩीराथी /Appellant) (प्रत्मथी / Respondent) :

…tates that the benefit of the said policy is prospective, still can the courts place a construction on such instruction so as to make it retrospective. In this context, the apex court in the case of CCE v. Mysore Electricals Industries Ltd. reported in [2006] 204 ELT 517 (SC) : [2007] 8 RC 1, dealing with the question how a beneficial circular is to be construed, has approached this question in the following manner. At paragraph 13 of the judgment, it is stated that the learned counsel further submitted that the circular being oppressive and against the respondent, has to apply only prospectively and cannot be ap…

ACIT 2(1), MUMBAI vs. ARISTO PHARMACEUTICALS P. LTD, MUMBAI

Bench: Shri G.S.Pannu, Am & Shri Ravish Sood, Jm Ita No.5553/Mum/2014 M/S Aristo Pharmaceuticals Pvt. Ltd. Asst.Cit-2(1) 5Th Floor, Aayakar Bhavan, Mercantile Chambers, बिधम/ Mumbai- 400020 3Rd Floor, 12, J.N. Heredia Marg, Vs. Ballard Estate, Mumbai-400 001. स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aaaca4495N (अऩीराथी /Appellant) (प्रत्मथी / Respondent) : Ita No.5167/Mum/2015 Dcit-2(1)(1), M/S Aristo Pharmaceuticals Pvt. Ltd. Room No. 561, Mercantile Chambers, बिधम/ 5Th Floor, Aayakar Bhavan, 3Rd Floor, 12, J.N. Heredia Marg, M.K. Road, Vs. Ballard Estate, Mumbai- 400020 Mumbai-400 001 स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aaaca4495N (अऩीराथी /Appellant) (प्रत्मथी / Respondent) :

…tates that the benefit of the said policy is prospective, still can the courts place a construction on such instruction so as to make it retrospective. In this context, the apex court in the case of CCE v. Mysore Electricals Industries Ltd. reported in [2006] 204 ELT 517 (SC) : [2007] 8 RC 1, dealing with the question how a beneficial circular is to be construed, has approached this question in the following manner. At paragraph 13 of the judgment, it is stated that the learned counsel further submitted that the circular being oppressive and against the respondent, has to apply only prospectively and cannot be ap…

ARISTO PHARMACEUTICALS P.LTD,MUMBAI vs. DCIT RG 2(1), MUMBAI

Bench: Shri G.S.Pannu, Am & Shri Ravish Sood, Jm Ita No.5553/Mum/2014 M/S Aristo Pharmaceuticals Pvt. Ltd. Asst.Cit-2(1) 5Th Floor, Aayakar Bhavan, Mercantile Chambers, बिधम/ Mumbai- 400020 3Rd Floor, 12, J.N. Heredia Marg, Vs. Ballard Estate, Mumbai-400 001. स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aaaca4495N (अऩीराथी /Appellant) (प्रत्मथी / Respondent) : Ita No.5167/Mum/2015 Dcit-2(1)(1), M/S Aristo Pharmaceuticals Pvt. Ltd. Room No. 561, Mercantile Chambers, बिधम/ 5Th Floor, Aayakar Bhavan, 3Rd Floor, 12, J.N. Heredia Marg, M.K. Road, Vs. Ballard Estate, Mumbai- 400020 Mumbai-400 001 स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aaaca4495N (अऩीराथी /Appellant) (प्रत्मथी / Respondent) :

…tates that the benefit of the said policy is prospective, still can the courts place a construction on such instruction so as to make it retrospective. In this context, the apex court in the case of CCE v. Mysore Electricals Industries Ltd. reported in [2006] 204 ELT 517 (SC) : [2007] 8 RC 1, dealing with the question how a beneficial circular is to be construed, has approached this question in the following manner. At paragraph 13 of the judgment, it is stated that the learned counsel further submitted that the circular being oppressive and against the respondent, has to apply only prospectively and cannot be ap…

ARISTO PHARMACEUTICALS P.LTD,MUMBAI vs. ADDL CIT 2(1), MUMBAI

Bench: Shri G.S.Pannu, Am & Shri Ravish Sood, Jm Ita No.5553/Mum/2014 M/S Aristo Pharmaceuticals Pvt. Ltd. Asst.Cit-2(1) 5Th Floor, Aayakar Bhavan, Mercantile Chambers, बिधम/ Mumbai- 400020 3Rd Floor, 12, J.N. Heredia Marg, Vs. Ballard Estate, Mumbai-400 001. स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aaaca4495N (अऩीराथी /Appellant) (प्रत्मथी / Respondent) : Ita No.5167/Mum/2015 Dcit-2(1)(1), M/S Aristo Pharmaceuticals Pvt. Ltd. Room No. 561, Mercantile Chambers, बिधम/ 5Th Floor, Aayakar Bhavan, 3Rd Floor, 12, J.N. Heredia Marg, M.K. Road, Vs. Ballard Estate, Mumbai- 400020 Mumbai-400 001 स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aaaca4495N (अऩीराथी /Appellant) (प्रत्मथी / Respondent) :

…tates that the benefit of the said policy is prospective, still can the courts place a construction on such instruction so as to make it retrospective. In this context, the apex court in the case of CCE v. Mysore Electricals Industries Ltd. reported in [2006] 204 ELT 517 (SC) : [2007] 8 RC 1, dealing with the question how a beneficial circular is to be construed, has approached this question in the following manner. At paragraph 13 of the judgment, it is stated that the learned counsel further submitted that the circular being oppressive and against the respondent, has to apply only prospectively and cannot be ap…